Aggravated assault
R. v. Macaskill
- Below the Crown's ask
Sentence and the Crown's position
Crown asked6 years in custody1
Judge imposed4 years imprisonment, less 100 days credit for 66 days of pre-trial custody1
2 years less custody than the Crown asked
What the law allows
Maximum14 years
Crown asked6 years in custody
Judge imposed4 years in custody
Defence asked18 months conditional sentence
After a trial, Robert Troy Macaskill was convicted of aggravated assault for beating a man with a metal pipe, causing a skull fracture and multiple broken bones. The Crown sought six to eight years in prison; the defence sought an 18- to 24-month conditional sentence. Justice Walkem imposed four years in custody, less 100 days of credit, finding a conditional sentence inappropriate given the gravity of the offence and his history of violent convictions and breaches.
In the judge's words
1[33] Given the gravity of the offence, history of violent convictions, history of breaches, and failure to comply with conditions, I do not find that this is a circumstance where a CSO would be appropriate.
The record
- Convicted of
- Aggravated assault (CC 268)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: S.J.K. Gill
Defence: A.J. Lagemaat, J.B. Emmons
Sources
- R. v. Macaskill, 2023 BCSC 2122 Court decision, CanLII, November 14, 2023
[2] Crown and defence made sentencing recommendations that were quite disparate. The Crown proposed that a sentence of six to eight years was appropriate.
Defence, on the other hand, proposed a sentence of 18 to 24 months, to be served within the community through Joshua House, a recovery centre that Mr. Macaskill currently resides at.
[1] THE COURT: On March 2, 2023, I convicted Mr. Macaskill of aggravated assault against … contrary to s. 268(2) of the Criminal Code, R.S.C. 1985, c. C-46.
[33] Given the gravity of the offence, history of violent convictions, history of breaches, and failure to comply with conditions, I do not find that this is a circumstance where a CSO would be appropriate.
I sentence you as follows: a four‑year custodial sentence with credit for the 66 days served in pretrial at 1.5 time. I understand that this equals a credit of 100 days, although counsel can perhaps correct me on that.
- Criminal Code, s. 268 Record, Justice Laws Website
- R. v. Macaskill, 2023 BCSC 2122 Court decision, Courts of British Columbia